(5.17) - any person prosecuted will have the right to defend himself in person or through
prompt legal assistance of his own choosing or, if he does not have sufficient means to pay
for legal assistance, to be given it free when the interests of justice so require;
(5.18) - no one will be charged with, tried for or convicted of any criminal offence unless the
offence is provided for by a law which defines the elements of the offence with clarity and
precision;
(5.19) - everyone will be presumed innocent until proved guilty according to law;
CHARTER OF PARIS FOR A NEW EUROPE – CSCE SUMMIT (21 NOVEMBER 1990)
Human Rights, Democracy and Rule of Law
Everyone also has the right : (… ) to fair and public trial if charged with an offence.
We (OSCE Participating States) will ensure that everyone will enjoy recourse to effective
remedies, national or international, against any violation of his rights.
DOCUMENT OF THE MOSCOW MEETING OF THE CONFERENCE ON THE HUMAN DIMENSION OF
THE CSCE (3 OCTOBER 1991)
(18.2) Everyone will have an effective means of redress against administrative decisions, so
as to guarantee respect for fundamental rights and ensure legal integrity.
(18.3) To the same end, there will be effective means of redress against administrative
regulations for individuals affected thereby.
(18.4) The participating States will endeavour to provide for judicial review of such
regulations and decisions.
(19) The participating States
(19.1) - will respect the internationally recognized standards that relate to the independence
of judges and legal practitioners and the impartial operation of the public judicial service
including, inter alia, the Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights;
(19.2) - will, in implementing the relevant standards and commitments, ensure that the
independence of the judiciary is guaranteed and enshrined in the constitution or the law of the
country and is respected in practice, paying particular attention to the Basic Principles on the
Independence of the Judiciary, which, inter alia, provide for
(i) prohibiting improper influence on judges;
(ii) preventing revision of judicial decisions by administrative authorities, except for the
rights of the competent authorities to mitigate or commute sentences imposed by judges, in
conformity with the law;
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